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Home My WebLink About2019-12-03 Regular FINAL MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA December 3, 2019 CLOSED SESSION MEETING CLOSED SESSION MEETING OF THE CITY COUNCIL - DECEMBER 3, 2019, 5:00 P.M. CALL TO ORDER - Mayor PULIDO Mayor Pulido called the closed session meeting at 5:13 p.m. Councilmember Iglesias joined the meeting at 5:24 p.m. Seeing no one wishing to speak, Mayor Pulido recessed the meeting at 5:13 p.m. Councilmembers Present: Mayor Pulido Mayor Pro Tem Villegas Councilmember Bacerra Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio Councilmember Villegas PUBLIC COMMENTS - None. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: 1a. Laura and John Franks v. City of Santa Ana, Orange County Superior Court, Case No. 30-2019-01051892-CU-OE-CJC This Closed Session Item 1A - Agreement No. 2019-234 was approved. /L /h b/L\[ aLb 9{ Њ 59/9a.9w ЌͲ ЋЉЊВ 1b. Orange County Communities Organized for Responsible Development v. City of Santa Ana, Orange County Superior Court, Case No. 30-2019-01070617-CU-WM-CJC 2. CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION pursuant to paragraph (2) OR (3) of subdivision (d) of Section 54956.9 of the Government Code: One 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Steven Pham Service Employees' International Union (SEIU) Part-time Civil Service Employees Service Employees' International Union (SEIU) Part-Time CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting, which will begin immediately following the Closed Session Meeting. ADJOURN CLOSED SESSION AND CONVENE TO THE REGULAR OPEN SESSION. Mayor Pulido adjourned the Closed Session at 5:45 p.m. /L /h b/L\[ aLb 9{ Ћ 59/9a.9w ЌͲ ЋЉЊВ REGULAR OPEN MEETING CALL TO ORDER - MAYOR PULIDO Mayor Pulido called the regular meeting to order at 6:07 p.m. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tem Villegas Councilmember Bacerra Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio COUNCILMEMBERS Absent: None PLEDGE OF ALLEGIANCE - MAYOR PULIDO INVOCATION BOB BARNETT, Police Chaplain CEREMONIAL PRESENTATIONS 1. CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO recognizing the Orange County School of the Arts for their 20th Anniversary in the City of Santa Ana and for their Outstanding Contributions to the Community. 2. CERTIFICATES OF RECOGNITION presented by MAYOR PRO TEM VILLEGAS recognizing Santa Ana Police Department Explorers for their Outstanding Contributions to the Community. 3. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER I County for her Outstanding Contributions to the Community. 4. CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER PENALOZA recognizing Kent Huskins of Huskins Coffee Company for his Outstanding Contributions to the Community. 5. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SARMIENTO recognizing Godinez Fundamental High School and Saddleback High School Counseling Programs for their Outstanding Contributions to the Community. /L /h b/L\[ aLb 9{ Ќ 59/9a.9w ЌͲ ЋЉЊВ CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENTS See Item 11A and Item 25D Mayor Pulido announced that Item 11A will be taken out of order and considered prior to the balance of the Consent Calendar items. Mayor Pulido announced that Councilmember Sarmiento will leave meeting early. Mayor Pulido made an announcement regarding Councilmember Bacerra's reception after Item 11A was discussed. Items 20B, 20A, 20C, 25D, and 22D were considered prior to the balance of the Consent Calendar items. CONSENT CALENDAR Mayor Pulido motioned to approve Consent Calendar Items 11A through 25E, with the exception of Items 11A, 20B, 20A, 20C, 25D, and 22D, seconded by Councilmember Bacerra. Mayor Pulido abstained from Item 25A. MOTION: Mayor SECOND: Councilmember Bacerra Pulido VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) ADMINISTRATIVE MATTERS ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. Mayor Pulido allowed public comments regarding Item 11A to take place first before voting on consent calendar items. /L /h b/L\[ aLb 9{ Ѝ 59/9a.9w ЌͲ ЋЉЊВ 11A. ORDINANCE SECOND READING: APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 WITH AC 2525 MAIN, LLC AND AMENDMENT APPLICATION NO. 2018-01 TO ESTABLISH SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR 2525 NORTH MAIN STREET {STRATEGIC PLAN NO. 3, 2} Planning and Building Agency Placed on first reading at the November 19, 2019 City Council meeting and approved by a vote of 4-3 (Bacerra, Pulido and Villegas dissented). Published in the Orange County Reporter on November 22, 2019. 1. ORDINANCE NO. NS-2979 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF SANTA ANA AND AC 2525 MAIN, LLC FOR CERTAIN REAL PROPERTY LOCATED AT 2525 NORTH MAIN STREET WITHIN THE CITY OF SANTA ANA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET SEQ. 2. ORDINANCE NO. NS-2980 - AN ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2018-10 REZONING THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018-10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93 (SD- 93) FOR SAID PROPERTY PUBLIC COMMENT Mark Rothenberg spoke in opposition to the item. Ellen M. Koldewey spoke in opposition to the item. Lisa Gomez spoke in opposition to the item. Angel Barnes spoke in opposition to the item. Diane Fradkin spoke in opposition to the item. John Fradkin spoke in opposition to the item. Dale Helvig spoke in opposition to the item. Justin Chapman spoke in opposition to the item. Patricia Coleman spoke in opposition to the item. Steven Swaitek spoke in opposition to the item. Michael Ovalle spoke in opposition to the item. /L /h b/L\[ aLb 9{ Ў 59/9a.9w ЌͲ ЋЉЊВ Tim Rush spoke in opposition to the item. Councilmember Solorio moved to place ordinances on second reading and adopt, died for lack of a second. Councilmember Bacerra substitute motioned to have the item be denied, seconded by Mayor Pro Tem Villegas. Councilmember Penaloza substitute motioned to have the item continued for 30 days to allow more time for the item to be discussed, seconded by Councilmember Bacerra. Councilmember Bacerra rescinded his second on Councilmember Penaloza's motion of the continued item for another 30 days Councilmember Penaloza motioned to continue item 11A to the December 17, 2019 meeting; have City staff look over claims made in Dale Helvig's letter against the development agreement; and make non-substantive changes, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) BOARDS / COMMISSIONS / COMMITTEES 13A. APPOINT GILBERT VASQUEZ TO THE COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION FOR A FULL-TERM EXPIRING DECEMBER 8, 2020 AS THE SENIOR TENANT REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office /L /h b/L\[ aLb 9{ Џ 59/9a.9w ЌͲ ЋЉЊВ MOTION: Nominate Gilbert Vasquez for an appointment to the Community Redevelopment and Housing Commission for the vacant Senior Tenant Commissioner seat; nominated by the Community Development Agency. 13B. APPOINT NORMA GARCIA NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVE TO THE PLANNING COMMISSION FOR A PARTIAL-TERM EXPIRING DECEMBER 8, 2020 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION: Nominate Norma Garcia for an appointment to the Planning Commission as the Ward 1 representative (replaces E. Alderete). MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) Mayor Pro Tem Villegas motioned to approve closed session item 1A - Agreement No. 2019-234, seconded by Mayor Pulido. MOTION: Mayor Pro SECOND: Mayor Pulido Tem Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Sarmiento (4) NOES: Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (3) ABSTAIN: None (0) ABSENT: None (0) Mayor Pulido motioned to approve closed session item 2, seconded by Councilmember Solorio. MOTION: Mayor SECOND: Councilmember Solorio Pulido VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember /L /h b/L\[ aLb 9{ А 59/9a.9w ЌͲ ЋЉЊВ Sarmiento, Councilmember Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 19B. EXCUSED ABSENCES Clerk of the Council Office 19C. RECEIVE AND FILE FISCAL YEAR 2018-2019 GENERAL FUND PRELIMINARY FISCAL YEAR END RESULTS AND FISCAL YEAR 2019-2020 GENERAL FUND FIRST QUARTER UPDATE {STRATEGIC PLAN NO. 4, 1} Finance and Management Services Agency MOTION: Receive and file Fiscal Year 2018-2019 General Fund preliminary fiscal year end results and Fiscal Year 2019-2020 General Fund First Quarter Update. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS Consent Item 20B was considered prior to 20A. 20A. APPROVE APPROPRIATION ADJUSTMENTS TO FUND AUTHORIZED POLICE OFFICER POSITIONS APPROPRIATE FUNDING FOR OVERTIME AND UNFUNDED LIABILITY PAYMENTS PREVIOUSLY FUNDED IN THE PARKING FUND {STRATEGIC PLAN NO. 1,1i} - Police Department Motion to Adopt: 1. Authorize the funding of eighteen (18) police officer positions previously unfunded within the General Fund for an approximate annualized cost of $2,700,000. This amount includes the partial year funding of $1,312,500 proposed in action item #2. 2. Approve appropriation adjustments. (Requires five affirmative votes). 2a. APPROPRIATION ADJUSTMENT NO. 2020069 To utilize General Fund balances from prior fiscal year (2018-19) in the amount of $1,312,500 to provide partial year funding for eighteen (18) authorized unfunded police unit for fiscal year 2019-20. /L /h b/L\[ aLb 9{ Б 59/9a.9w ЌͲ ЋЉЊВ 2b. APPROPRIATION ADJUSTMENT NO. 2020070 To utilize General Fund balances from prior fiscal year (2018-19) to fund $977,620 for overtime and unfunded liability expenses previously funded through the Parking Downtown Enhancements fund. Mayor Pro Tem Villegas motioned to adopt item 20A, seconded by Councilmember Bacerra. MOTION: Mayor Pro SECOND: Councilmember Bacerra Tem Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Penaloza (4) NOES: Councilmember Iglesias (1) ABSTAIN: Councilmember Sarmiento and Councilmember Solorio (2) ABSENT: None (0) Substitute motion did not pass as it required a super majority vote. Councilmember Solorio motioned to continue item 20A to the December 17, 2019 meeting. MOTION: Councilmember SECOND: Councilmember Penaloza Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Penaloza, Councilmember Solorio (4) NOES: Councilmember Iglesias, Councilmember Sarmiento (2) ABSTAIN: None (0) ABSENT: Councilmember Bacerra (1) 20B. APPROVE AN APPROPRIATION ADJUSTMENT, AMEND THE FISCAL YEAR 2019-20 CAPITAL IMPROVEMENT PROGRAM, AUTHORIZE A BUDGET REALLOCATION, AND AWARD A CONSTRUCTION CONTRACT TO ARAMEXX CONSTRUCTION IN THE AMOUNT OF $1,000,910, FOR THE /L /h b/L\[ aLb 9{ В 59/9a.9w ЌͲ ЋЉЊВ LINCOLN AVENUE PEDESTRIAN PATHWAY FROM PARK LANE TO SANTIAGO CREEK PROJECT WITH AN ESTIMATED TOTAL PROJECT COST OF $1,201,886 (PROJECT NO 17-6802) {STRATEGIC PLAN NO. 6, 1C} - Public Works Agency PUBLIC COMMENTS: Paul Berry spoke in support of the item. Bea Tiritilli spoke in support of the item. Gerald Tiritilli spoke in support of the item. Patricia Coleman spoke in support of the item. Councilmember Solorio motioned to adopt item 20B, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Councilmember Sarmiento left the meeting at 8:15 p.m. 20C. APPROVE APPROPRIATION ADJUSTMENT FOR FISCAL YEAR 2019 HOMELAND SECURITY GRANT PROGRAM FUNDING IN THE AMOUNT OF $4,850,000 {STRATEGIC PLAN NO. 1.2, 6} Police Department MOTION to Adopt: Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020065 - Recognizing $4,850,000 in the Fiscal Year 2019 Urban Area Security Initiative revenue account and appropriate same to expenditures accounts. Mayor Pro Tem Villegas motioned to adopt 20C, seconded by Councilmember Iglesias. MOTION: Mayor Pro SECOND: Councilmember Iglesias /L /h b/L\[ aLb 9{ ЊЉ 59/9a.9w ЌͲ ЋЉЊВ Tem Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Bacerra, Councilmember Sarmiento (2) SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A. AMEND PURCHASE ORDER WITH TRANSWEST TRUCK CENTER, LLC, FOR TWO STAKE BED DUMP TRUCKS IN THE AMOUNT OF $172,072 (SPECIFICATION NO. 19-041) {STRATEGIC PLAN NO. 6, 2}- Finance and Management Services Agency and Public Works Agency MOTION: Amend the contract with Transwest Truck Center, LLC, for the procurement of two additional stake bed dump trucks in the amount of $162,072, plus a contingency of $10,000, for a total amount not to exceed $172,072, subject to non-substantive changes approved by the City Manager and City Attorney. 22B. AMEND THE CONTRACTS FOR ELECTRICAL REPAIRS AND REHABILITATION SERVICES FOR CITY WATER FACILITIES, INCREASING THE ANNUAL AGREEMENT AMOUNT BY $300,000, FOR A TOTAL REVISED ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $900,000 (NON-GENERAL FUND) (SPECIFICATION NO. 17-007) {STRATEGIC PLAN NO. 6,1} - Finance and Management Services Agency and Public Works Agency MOTION: Amend the contracts for electrical repair and rehabilitation services for City water facilities to increase the annual agreement amount by an additional $300,000, for a revised annual aggregate amount not to exceed $900,000, for the remainder of the contract and the two one-year renewal options, if exercised, subject to non-substantive changes approved by the City Manager and City Attorney with the following vendors: 1. Inter-Pacific, Inc. ; Tustin location 2. Leed Electric, Inc.; Santa Fe Springs location 3. M. Brey Electric, Inc.; Beaumont location /L /h b/L\[ aLb 9{ ЊЊ 59/9a.9w ЌͲ ЋЉЊВ 22C. AWARD A PURCHASE ORDER FOR AN AMOUNT NOT TO EXCEED $101,007 TO GUARANTY CHEVROLET MOTORS INC. FOR FOUR CHEVROLET EQUINOX (GENERAL FUND) (SPECIFICATION NO. 19-084) {STRATEGIC PLAN NO. 6, 2} - Finance and Management Services Agency and Public Works Agency MOTION: Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors Inc., for four Chevrolet Equinox vehicles for an amount not to exceed $101,007, to be funded by the General Fund, subject to non-substantive changes approved by the City Manager and City Attorney. 22D. CONTRACTS AWARD FOR OFFICE FURNITURE, INSTALLATION AND RELATED SERVICES IN THE AMOUNT OF $1,131,240 (GENERAL FUND) (SPECIFICATION NO. 19-114) {STRATEGIC PLAN NO. 7, 5} - Finance and the Council Office; Human Resources Department; Information Technology Department; Library Department; Parks, Recreation and Community Services Agency; Planning and Building Agency; Police Department and Public Works Agency MOTION to Adopt: Award contracts for the purchase of office furniture, installation and related services for various citywide furniture projects beginning December 3, 2019 and expiring upon completion of the identified projects, in a total aggregate amount between the five selected vendors for a not to exceed amount of $1,028,400 plus a 10 percent contingency for a new total aggregate amount of $1,131,240, subject to non-substantive changes approved by the City Manager and City Attorney, with the following vendors: 1. Culver-Newlin, Corona location 2. GM Business Interiors, Riverside location 3. Interior Office Solutions, Irvine location 4. Pivot Interiors, Costa Mesa location 5. Yamada Enterprises, Huntington Beach location Councilmember Penaloza motioned to adopt item 22D, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) /L /h b/L\[ aLb 9{ ЊЋ 59/9a.9w ЌͲ ЋЉЊВ ABSENT: Councilmember Sarmiento (1) Mayor Pulido recused himself from voting on Item 25A because of a conflict of interest. AGREEMENTS 25A. APPROVE AN AGREEMENT AMENDMENT WITH WEST COAST ARBORIST, INC. FOR TREE MAINTENANCE SERVICES FOR CITY PARKS THAT WILL INCREASE THE ANNUAL AGREEMENT AMOUNT BY $250,000 PER YEAR FOR THE CURRENT RENEWAL PERIOD ENDING ON JUNE 30, 2021 FOR A TOTAL ANNUAL AGREEMENT AMOUNT OF $1,540,767.60 WITH THE ADDITIONAL AMOUNT TO BE FUNDED BY THE GENERAL FUND AND CIVIC CENTER FUND {STRATEGIC PLAN NO. 6, 1B} Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager to execute an agreement amendment with West Coast Arborist, Inc. for tree maintenance services for city parks to increase the annual agreement amount by $250,000 per year for the current renewal period ending on June 30, 2021. The new total annual agreement amount will be $1,540,767.60 with the additional amount to be funded by the General Fund and Civic Center Fund, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). Motion to approve recommendation Authorize the City Manager to execute an agreement amendment with West Coast Arborist, Inc. for tree maintenance services for city parks to increase the annual agreement amount by $250,000 per year for the current renewal period ending on June 30, 2021. The new total annual agreement amount will be $1,540,767.60 with the additional amount to be funded by the General Fund and Civic Center Fund, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019- XXX). moved by Councilmember Penaloza seconded by Councilmember Bacerra. Councilmember Penaloza motioned to approve item 25 A Agreement No. 2019-228, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Penaloza VOTE: AYES: Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (5) NOES: None (0) ABSTAIN: Mayor Pulido (1) /L /h b/L\[ aLb 9{ ЊЌ 59/9a.9w ЌͲ ЋЉЊВ ABSENT: Councilmember Sarmiento (1) 25B. APPROVE THE REVISED AGREEMENT WITH THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA FOR FUTURE SUPPLY ACTIONS FUNDING FOR THE RESTORATION FROM INVASIVE DREISSENID MUSSELS STUDY {STRATEGIC PLAN NO. 5, 2} Public Works Agency MOTION: Authorize the City Manager to execute a revised agreement with the Metropolitan Water District of Southern California for Future Supply Actions Funding for the Restoration of Local Recharge Sources from Invasive Dreissenid Mussels Study, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). This Consent Item 25B - Agreement No. 2019-229 was approved. 25C. APPROVE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC., TO EXTEND THE TERM BY ONE YEAR TO COMPLETE THE HARBOR BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT NO. 156828) {STRATEGIC PLAN NO. 6, 1B} Public Works Agency MOTION: Authorize the City Manager to execute the second amendment to the professional services agreement with Iteris, Inc., to complete the Harbor Boulevard Traffic Signal Synchronization Project, by extending the term by an additional twelve months until December 31, 2020, subject to non-substantive changes approved by the City Manager and City Attorney. There is no change to the agreement amount (Agreement No. A-2019-XXX). This Consent Item 25C - Agreement No. 2019-230 was approved. 25D. APPROVE A SECOND AMENDMENT TO AGREEMENT WITH DOWNTOWN INC. IN THE AMOUNT OF $500,000 TO PROVIDE CLEAN AND SAFE PROGRAM FOR DOWNTOWN SANTA ANA {STRATEGIC PLAN NO. 3, 4A} Community Development Agency MOTION: Authorize the City Manager to execute a Second Amendment to the Downtown Clean and Safe Program Services Agreement with Downtown Inc. (DTI) in the amount of $500,000 for the period of January 1, 2020 through December 31, 2020, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. A- 2019-XXX). PUBLIC COMMENT Nestor Correa spoke in support of the item. /L /h b/L\[ aLb 9{ ЊЍ 59/9a.9w ЌͲ ЋЉЊВ Councilmember Bacerra motioned to adopt 25D - Agreement No. A-2019-231, seconded by Mayor Pro Tem Villegas. MOTION: Councilmember SECOND: Mayor Pro Tem Villegas Bacerra VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) 25E. APPROVE SECOND AMENDMENTS TO 2020 DOWNTOWN MERCHANTS FUND OPERATING AGREEMENTS WITH DOWNTOWN INC. AND SANTA ANA BUSINESS COUNCIL ($100,000 PER ORGANIZATION) {STRATEGIC PLAN NO. 3, 4F} - Community Development Agency PUBLIC COMMENTS Nestor Correa spoke in support of the item. MOTION: 1. Authorize the City Manager to execute the Second Amendment to the Downtown Merchants Fund Operating Agreements for Downtown Inc. in the amount of $100,000 for the period of January 1, 2020 through December 31, 2020, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). 2. Authorize the City Manager to execute the Second Amendment to the Downtown Merchants Fund Operating Agreement with Santa Ana Business Council in the amount of $100,000, for the period of January 1, 2020 through December 31, 2020, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). This Consent Item 25E - Agreement Nos. 2019-232 and 2019-233 were approved. END OF CONSENT CALENDAR /L /h b/L\[ aLb 9{ ЊЎ 59/9a.9w ЌͲ ЋЉЊВ BUSINESS CALENDAR RESOLUTIONS 55A. ADOPT A RESOLUTION APPROVING A MASTER PAY SCHEDULE IN CONFORMANCE WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS SYSTEM (CALPERS) {STRATEGIC PLAN NO. 7, 4 & 6} Human Resources Department Continued from the November 19, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ADOPT RESOLUTION NO. 2019-XXX TO ADOPT AND APPROVE A MASTER SALARY SCHEDULE IN CONFORMANCE WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS, SECTION 570.5 AND THE CALIFORNIA Mayor Pro Tem Villegas motioned to adopt item 55A and adopt RESOLUTION NO. 2019-111, moved by seconded by Councilmember Penaloza. MOTION: Mayor Pro SECOND: Councilmember Penaloza Tem Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) 55B. ADOPT A RESOLUTION TO AUTHORIZE THE SUBMISSION THE FISCAL YEAR 2018/19 MEASURE M2 YEAR-END EXPENDITURE REPORT TO CONTINUE RECEIVING COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM FUNDS ESTIMATED AT A MINIMUM OF $4 MILLION ANNUALLY {STRATEGIC PLAN NO. 6, 1G} Public Works Agency MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE FY 2018/19 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA Councilmember Solorio motioned to adopt item 55B and adopt RESOLUTION NO. 2019-112, moved by seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Solorio /L /h b/L\[ aLb 9{ ЊЏ 59/9a.9w ЌͲ ЋЉЊВ VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) 55C. ADOPT A RESOLUTION APPROVING THE WATER SUPPLY ASSESSMENT FOR THE MAINPLACE MALL PROJECT LOCATED AT 2800 NORTH MAIN STREET {STRATEGIC PLAN NOS. 3, 3; 5, 2} - Public Works Agency MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE WATER SUPPLY ASSESSMENT FOR THE PROPOSED MAINPLACE MALL MIXED-USE PROJECT LOCATED AT 2800 NORTH MAIN STREET Councilmember Solorio motioned to adopt RESOLUTION NO. 2019-113, moved by seconded by Mayor Pro Tem Villegas. MOTION: Councilmember SECOND: Mayor Pro Tem Villegas Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) NOES: Councilmember Iglesias (1) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) ADMINISTRATIVE MATTERS - BUSINESS 60A. ADOPT A RESOLUTION APPROVING SITE PLAN REVIEW NO. 2019-01 AND DENSITY BONUS AGREEMENT NO. 2019-01 TO FACILITATE CONSTRUCTION OF THE FOURTH AND MAIN MIXED-USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT LOCATED AT 114 AND 117 EAST FIFTH STREET {STRATEGIC PLAN NOS. 3, 2; 5, 3} - Planning and Building Agency and Community Development Agency Continued from the November 19, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). /L /h b/L\[ aLb 9{ ЊА 59/9a.9w ЌͲ ЋЉЊВ 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AND ADOPTING AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR THE TRANSIT ZONING CODE PROJECT (SCH NO. 2006071100) FOR THE FIRST AMERICAN MIXED-USE DEVELOPMENT PROJECT LOCATED AT 114 EAST FIFTH STREET AND 117 EAST FIFTH STREET, AND RE-ADOPTION OF THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2019-01 AS CONDITIONED AND APPROVING DENSITY BONUS AGREEMENT NO. 2019-01 AS CONDITIONED FOR A NEW MIXED- USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTIES LOCATED AT 114 EAST FIFTH STREET (SITE A) AND 117 EAST FIFTH STREET (SITE B) 3. Authorize the City Manager to execute a Density Bonus Agreement with Toll Brothers Apartment Living or assignees for a 55-year term, for the development of a mixed-use residential and commercial development with up to 220 residential rental units, including 11 residential rental affordable units, at 114 and 117 East Fifth Street, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-XXX). Councilmember Solorio motioned to adopt item 60A, seconded by Councilmember Bacerra. PUBLIC COMMENT Adam Wood spoke in support of the item. Mike Tardif spoke in opposition to the item. Raul Yanez spoke in support of item. Tim Rush spoke in support of the item. Councilmember Bacerra motioned to adopt item 60A as amended to include "shall" have architectural historic preservation experience under Condition 10; provide update; community involvement with staff involvement under Condition 10A; and adopt RESOLUTION NO. 2019-114, RESOLUTION NO. 2019-115, and Agreement No. 2019-254, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Bacerra /L /h b/L\[ aLb 9{ ЊБ 59/9a.9w ЌͲ ЋЉЊВ VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Iglesias, Councilmember Sarmiento (2) 60B. APPOINT MEMBER TO THE ORANGE COUNTY VECTOR CONTROL BOARD {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office 1. Select a member to the Orange County Vector Control and appoint for a two (2) year term expiring January 2022 OR 2. Council may decide to appoint for a four (4) year term expiring in January 2024. Mayor Pro Tem Villegas motioned to approve item 60B to appoint Cecilia Aguinaga to a four (4) year term expiring in January 2024, seconded by Councilmember Bacerra. MOTION: Mayor Pro SECOND: Councilmember Bacerra Tem Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Iglesias, Councilmember Sarmiento (2) /L /h b/L\[ aLb 9{ ЊВ 59/9a.9w ЌͲ ЋЉЊВ 60C. ELECTION OF MAYOR PRO TEM 2018-2020 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Continued from the November 19, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). 1. The Mayor calls for nominations for Mayor Pro Tem position. 2. Close nominations for position. 3. The Mayor declares the result of the election. PUBLIC COMMENT Alexander spoke in support of a new Mayor Pro Tem. Councilmember Penaloza motioned to have himself nominated as Mayor Pro Tem, died due to a lack of a second. Mayor Pro Tem Villegas motioned to have himself re-elected as Mayor Pro Tem, seconded by Councilmember Bacerra. Continued discussion of Item 60C after Items 85A and 85B were considered. Mayor Pro Tem Villegas motioned to approve the appointment of Councilmember Villegas, himself, as Mayor Pro Tem seconded by Councilmember Bacerra. MOTION: Mayor Pro SECOND: Councilmember Bacerra Tem Villegas VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Iglesias (4) NOES: Councilmember Penaloza (1) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento, Councilmember Solorio (2) REPORTS 65A. APPROVE THE ANNUAL CALENDAR OF REGULAR CITY COUNCIL MEETINGS FOR 2020 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office Continued from the November 19, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). 1. Review calendar of regularly scheduled City Council Meetings in 2020. /L /h b/L\[ aLb 9{ ЋЉ 59/9a.9w ЌͲ ЋЉЊВ 2. Cancel the regularly scheduled City Council meeting for January 7, 2020; August 4, 2020; and November 3, 2020. 3. Direct staff to post Notice of Cancellation(s). The City Council hereby waives notice of said meetings as required by the government code. Councilmember Bacerra motioned to approve item 65A, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Bacerra VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Iglesias, Councilmember Sarmiento (2) 65B. APPROVE DISPLAY OF "E PLURIBUS UNUM" IN CITY COUNCIL CHAMBERS AND DIRECT STAFF TO INSTALL THE PREFERRED INSTALLATION OPTION {STRATEGIC PLAN NOS. 1-7} - Clerk of the Council Office 1. 2. Direct staff to install one of the following installation options: Option #1 or #2 - $19,000 estimated budget Option #1: Install the Motto and Seal in a stacked configuration, above the existing alcove. Option #2: Install the Motto and Seal side-by-side, above the existing alcove. Option #3 or #4 - $25,000 estimated budget Option #3: Install the Motto and Seal in a stacked configuration, above the existing alcove, with a curtain system. Option #4: Install the Motto and Seal side-by-side, above the existing alcove, with a curtain system. /L /h b/L\[ aLb 9{ ЋЊ 59/9a.9w ЌͲ ЋЉЊВ Councilmember Penaloza motioned to continue item 65B for 30 days, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Iglesias, Councilmember Sarmiento (2) PUBLIC HEARINGS 75A. PUBLIC HEARING - RESOLUTION AND ORDINANCE ADOPTING THE UPDATED CALIFORNIA AND INTERNATIONAL BUILDING AND FIRE CODES WITH AMENDMENT AND REQUISITE FINDINGS {STRATEGIC PLAN NO. 3, 3} - Planning and Building Agency and Orange County Fire Authority Legal Notice published in the Orange County Reporter on November 8, 2019. Continued from the November 19, 2019 City Council meeting by a vote of 5-0 (Iglesias and Sarmiento absent). 1. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALIFORNIA, SETTING FORTH FINDINGS WITH RESPECT TO LOCAL CONDITIONS WITHIN THE CITY OF SANTA ANA WHICH JUSTIFY CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE AS AMENDED BY THE STATE OF CALIFORNIA 2. Place ordinance on first reading and authorize publication of title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA /L /h b/L\[ aLb 9{ ЋЋ 59/9a.9w ЌͲ ЋЉЊВ AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE Seeing no one wishing to speak, Mayor Pulido opened and closed the public hearing at 9:30 p.m. Councilmember Bacerra motioned to adopt item 75A and adopt RESOLUTION NO. 2019- 116, seconded by Mayor Pro Tem Villegas. MOTION: Councilmember SECOND: Mayor Pro Tem Villegas Bacerra VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Iglesias, Councilmember Sarmiento (2) 75B. PUBLIC HEARING - INTENT TO LEVY 2020 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT {STRATEGIC PLAN NO. 3, 4F} - Community Development Agency Legal Notice published in the Orange County Reporter on November 22, 2019. 1. Conduct a public hearing to consider all protests regarding the intention to levy an assessment for 2020 for the Downtown Santa Ana Business Improvement District. 2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest. 3. Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING /L /h b/L\[ aLb 9{ ЋЌ 59/9a.9w ЌͲ ЋЉЊВ AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2020 Seeing no one wishing to speak, Mayor Pulido opened and closed public hearing at 9:31 p.m. Councilmember Solorio motioned to adopt item 75B and adopt RESOLUTION NO. 2019- 113, seconded by Councilmember Bacerra. MOTION: Councilmember SECOND: Councilmember Bacerra Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Bacerra, Councilmember Penaloza, Councilmember Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Iglesias, Councilmember Sarmiento (2) COUNCIL AGENDA ITEMS - Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. Only action available to City Council is to provide direction to City Manager. 85A. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO DIRECT STAFF TO STUDY THE FEASIBILITY OF A DOG PARK Councilmembers Iglesias and Penaloza PUBLIC COMMENT Chris Schmidt spoke in support of the item. Mayor Pulido in support of having more than one dog park. Councilmember Solorio noted that 85A and 85B are connected and suggested he would work with staff to create a wish list of amenities for city parks. Councilmember Iglesias and Councilmember Penaloza requested a pilot Dog Park placed in Centennial Park. /L /h b/L\[ aLb 9{ ЋЍ 59/9a.9w ЌͲ ЋЉЊВ Parks, Recreation and Community Administrative Services Manager Ron Ono and Executive Director Lisa Rudloff addressed the council regarding a Park's Master Plan. City Manager Kristine Ridge noted that staff will return to council with a feasibility study, entailing all viable locations throughout the city, along with potential cost estimates. Mayor Pulido suggested staff reach out to similar size cities. 85B. DISCUSS AND CONSIDER DIRECTING CITY MANAGER TO DIRECT STAFF AS APPROPRIATE, TO CONDUCT OUTREACH TO NEIGHBORHOODS TO EXPLORE MAINTENANCE NEEDS AND NEW AMENITIES (E.G., NEW LIGHTING, SECURITY CAMERAS, GATES, DOG-FRIENDLY ITEMS, TREES, LANDSCAPING, CHILDREN PLAY AREAS, EXERCISE EQUIPMENT, WALK PATHS, ETC.) FOR THEIR AREA PARKS Councilmember Solorio Councilmember Solorio noted Items 85A and 85B are related and provided comments under Item 85A. After deliberation of Item 85A, continued with discussion and vote on Item 60C. Recessed Regular City Council Meeting at 10:00 P.M. to the Housing Authority Meeting and reconvened with same members present at 10:01 p.m. COMMENTS PUBLIC COMMENTS (If not considered by the Chair at an earlier time. Please refer to Basic City Council Meeting Information page for details). Tony Bui spoke regarding the Santa Ana Bao Quang Temple; December 15, 2019 invitation to vote on board members. Carl Benninger spoke regarding providing a proclamation to Patrick Murphy. 90B. CITY COUNCILMEMBER COMMENTS 1. AB1234 DISCLOSURE If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 2. Oral Reports from standing or ad-hoc city COUNCIL COMMITTEES /L /h b/L\[ aLb 9{ ЋЎ 59/9a.9w ЌͲ ЋЉЊВ 90B. CITY COUNCILMEMBER COMMENTS Councilmember Solorio made community announcements. Councilmember Penaloza made community announcements. Councilmember Iglesias made community announcements. Councilmember Bacerra made community announcements. Mayor Pro Tem Villegas made community announcements. Mayor Pulido made community announcements. ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, December 17, 2019 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Mayor Pulido adjourned the meeting at 10:23 p.m. Daisy Gomez, Clerk of the Council /L /h b/L\[ aLb 9{ ЋЏ 59/9a.9w ЌͲ ЋЉЊВ